J-S39017-19 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 F.F. : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : R.A.L. : : Appellant : No. 961 EDA 2019 Appeal from the Order Entered February 27, 2019 In the Court of Common Pleas of Monroe County Civil Division at No: 139 DR 2015, 9167 CV 2017 BEFORE: GANTMAN, P.J.E., STABILE, J., and STEVENS*, P.J.E. MEMORANDUM BY STABILE, J.: FILED NOVEMBER 1, 2019 R.A.L. (“Mother”) appeals from the order entered February 27, 2019, which denied her request for relocation in this child custody dispute. The order awarded shared legal custody of L.F. (“Child”) to Mother and F.F. (“Father”), and awarded primary physical custody to Mother if she returned to Monroe County from Montgomery County by September 1, 2019. If Mother did not return to Monroe County by September 1, 2019, the order awarded Father primary physical custody of Child. The order also denied Father’s petition for contempt. After careful review, we affirm. ____________________________________________ * Former Justice specially assigned to the Superior Court. J-S39017-19 The record reveals that Mother and Father met in approximately 20141 and began dating sometime thereafter. N.T., 10/26/18, at 53. From the start, drinking and domestic violence appear to have marred their relationship. See id. at 25-26. Mother obtained a Protection From Abuse order against Father by agreement and without admission in February 2015, which lasted only sixty days. N.T., 9/26/18, at 55-56; Defendant’s Exhibit 9 (Final Protection From Abuse Order). Mother and Father rekindled their relationship, and Child was born in February 2016. The parties married in January 2017, but separated only four months later, in April 2017, after two further incidents of domestic violence.2 See Plaintiff’s Exhibit 8 (wedding photographs); N.T., 9/26/18, at 43-44, 58-59, 63. Mother then moved in with Child’s maternal grandparents, while Father remained in the parties’ apartment. N.T., 9/26/18, at 44; N.T., 10/26/18, at 90. On December 8, 2017, Father filed a complaint in custody, in which he requested shared legal and physical custody of Child. However, the trial court dismissed Father’s complaint without prejudice on December 13, 2017, due to his failure to include a blank criminal record/abuse history verification form. See Pa.R.C.P. 1915.3-2(a) (“The party must attach a blank verification form to a complaint, counterclaim or petition served upon the other party.”). Father ____________________________________________ 1 Father stated initially that he met Mother “six years ago.” N.T., 10/26/18, at 25. He then stated that he had “known [Mother] for five years. No. Four and a half years.” Id. at 53. 2Mother and Father were in the process of a divorce at the time of the custody proceedings. N.T., 9/26/18, at 47. -2- J-S39017-19 filed a second complaint on June 13, 2018, this time requesting sole legal and primary physical custody. The record indicates that he again failed to include a blank criminal record/abuse history verification form. While he attempted to supplement his complaint by filing a blank form on June 18, 2018, the court once again dismissed his ...
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